th d congress session s. 3300 · pdf file3 section 1. short title. 4 this ... 20 settlement...

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114TH CONGRESS 2D SESSION S. 3300

To approve the settlement of water rights claims of the Hualapai Tribe

and certain allottees in the State of Arizona, to authorize construction

of a water project relating to those water rights claims, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 8, 2016

Mr. FLAKE (for himself and Mr. MCCAIN) introduced the following bill; which

was read twice and referred to the Committee on Indian Affairs

A BILL To approve the settlement of water rights claims of the

Hualapai Tribe and certain allottees in the State of

Arizona, to authorize construction of a water project

relating to those water rights claims, and for other pur-

poses.

Be it enacted by the Senate and House of Representa-1

tives of the United States of America in Congress assembled, 2

SECTION 1. SHORT TITLE. 3

This Act may be cited as the ‘‘Hualapai Tribe Water 4

Rights Settlement Act of 2016’’. 5

SEC. 2. PURPOSES. 6

The purposes of this Act are— 7

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(1) to resolve, fully and finally, all claims to 1

rights to water in the State, including the Verde 2

River, the Bill Williams River, and the Colorado 3

River, of— 4

(A) the Hualapai Tribe, on behalf of the 5

Hualapai Tribe and the members of the 6

Hualapai Tribe; and 7

(B) the United States, acting as trustee 8

for the Hualapai Tribe, the members of the 9

Hualapai Tribe, and the allottees; 10

(2) to authorize, ratify, and confirm the 11

Hualapai Tribe water rights settlement agreement 12

entered into among the Hualapai Tribe, the United 13

States, the State, and others, to the extent that 14

agreement is consistent with this Act; 15

(3) to authorize and direct the Secretary to exe-16

cute and perform the duties and obligations of the 17

Secretary under the Hualapai Tribe water rights 18

settlement agreement and this Act; and 19

(4) to authorize the appropriation of amounts 20

necessary for the implementation of the Hualapai 21

Tribe water rights settlement agreement and this 22

Act. 23

SEC. 3. DEFINITIONS. 24

In this Act: 25


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(1) 1947 JUDGMENT.—The term ‘‘1947 Judg-1

ment’’ means the Judgment and the Stipulation and 2

Agreement, including exhibits to the Judgment and 3

the Stipulation and Agreement, entered on March 4

13, 1947, in United States v. Santa Fe Pac. R.R. 5

Co., No. E–190 (D. Ariz.) and attached to the 6


as Exhibit 3.1.1. 8

(2) AFY.—The term ‘‘AFY’’ means acre-feet 9

per year. 10

(3) ALLOTMENT.—The term ‘‘allotment’’ means 11

any of the 4 off-reservation parcels that are— 12

(A) held in trust by the United States for 13

individual Indians in the Big Sandy River basin 14

in Mohave County, Arizona, under the patents 15

numbered 1039995, 1039996, 1039997, and 16

1019494; and 17

(B) identified as Parcels 1A, 1B, 1C, and 18

2 on the map attached to the Hualapai Tribe 19

water rights settlement agreement as Exhibit 20

3.1.6. 21

(4) ALLOTTEE.—The term ‘‘allottee’’ means 22

any Indian owner of an allotment. 23

(5) AVAILABLE CAP SUPPLY.—The term ‘‘avail-24

able CAP supply’’ means, for any year— 25


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(A) all fourth priority water available for 1

delivery through the CAP system; 2

(B) water available from Central Arizona 3

Project dams and reservoirs other than the 4

Modified Roosevelt Dam; and 5

(C) return flows captured by the Secretary 6

for Central Arizona Project use. 7

(6) BILL WILLIAMS ACT.—The term ‘‘Bill Wil-8

liams Act’’ means the Bill Williams River Water 9

Rights Settlement Act of 2014 (Public Law 113– 10

223; 128 Stat. 2096). 11

(7) BILL WILLIAMS AGREEMENTS.—The term 12

‘‘Bill Williams agreements’’ means the Amended and 13

Restated Big Sandy River-Planet Ranch Water 14

Rights Settlement Agreement and the Amended and 15

Restated Hualapai Tribe Bill Williams River Water 16

Rights Settlement Agreement, including all exhibits 17

to each agreement, copies of which (excluding exhib-18

its) are attached to the Hualapai Tribe water rights 19

settlement agreement as Exhibit 3.1.11. 20

(8) BILL WILLIAMS RIVER PHASE 2 WATER 21

RIGHTS SETTLEMENT AGREEMENT.—The term ‘‘Bill 22

Williams River phase 2 water rights settlement 23

agreement’’ means the agreement of that name that 24

is attached to, and incorporated in, the Hualapai 25


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Tribe water rights settlement agreement as Exhibit 1

4.3.3. 2

(9) CAP CONTRACT.—The term ‘‘CAP con-3

tract’’ means a long-term contract (as defined in the 4

CAP repayment stipulation) with the United States 5

for delivery of CAP water through the CAP system. 6

(10) CAP CONTRACTOR.— 7

(A) IN GENERAL.—The term ‘‘CAP con-8

tractor’’ means a person that has entered into 9

CAP contract. 10

(B) INCLUSION.—The term ‘‘CAP con-11

tractor’’ includes the Hualapai Tribe. 12

(11) CAP FIXED OM&R CHARGE.—The term 13

‘‘CAP fixed OM&R charge’’ has the meaning given 14

the term ‘‘Fixed OM&R Charge’’ in the CAP repay-15

ment stipulation. 16

(12) CAP M&I PRIORITY WATER.—The term 17

‘‘CAP M&I priority water’’ means the CAP water 18

that has a municipal and industrial delivery priority 19

under the CAP repayment contract. 20

(13) CAP NIA PRIORITY WATER.—The term 21

‘‘CAP NIA priority water’’ means the CAP water 22

deliverable under a CAP contract or a CAP sub-23

contract providing for the delivery of non-Indian ag-24

ricultural priority water. 25


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(14) CAP OPERATING AGENCY.—The term 1

‘‘CAP operating agency’’ means— 2

(A) the one or more entities authorized to 3

assume responsibility for the care, operation, 4

maintenance, and replacement of the CAP sys-5

tem; and 6

(B) as of the date of enactment of this 7

Act, the Central Arizona Water Conservation 8

District. 9

(15) CAP PUMPING ENERGY CHARGE.—The 10

term ‘‘CAP pumping energy charge’’ has the mean-11

ing given the term ‘‘Pumping Energy Charge’’ in the 12

CAP repayment stipulation. 13

(16) CAP REPAYMENT CONTRACT.—The term 14

‘‘CAP repayment contract’’ means— 15

(A) the contract entitled ‘‘Contract be-16

tween the United States and CAWCD for Deliv-17

ery of Water and Repayment of Costs of the 18

CAP’’, numbered 14–06–W–245 (Amendment 19

No. 1), and dated December 1, 1988; and 20

(B) any amendment to, or revision of, that 21

contract. 22

(17) CAP REPAYMENT STIPULATION.—The 23

term ‘‘CAP repayment stipulation’’ means the Stipu-24

lated Judgment and the Stipulation for Judgment, 25


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including any exhibits to those documents, entered 1

on November 21, 2007, in the United States District 2

Court for the District of Arizona in the consolidated 3

civil action Central Arizona Water Conservation Dis-4

trict v. United States, numbered CIV 95–625–TUC– 5

WDB (EHC) and CIV 95–1720–PHX–EHC. 6

(18) CAP SUBCONTRACT.—The term ‘‘CAP 7

subcontract’’ means a long-term subcontract (as de-8

fined in the CAP repayment stipulation) with the 9

United States and the Central Arizona Water Con-10

servation District for the delivery of CAP water 11

through the CAP system. 12

(19) CAP SUBCONTRACTOR.—The term ‘‘CAP 13

subcontractor’’ means a person that has entered into 14

a CAP subcontract. 15

(20) CAP SYSTEM.—The term ‘‘CAP system’’ 16

means— 17

(A) the Mark Wilmer Pumping Plant; 18

(B) the Hayden-Rhodes Aqueduct; 19

(C) the Fannin-McFarland Aqueduct; 20

(D) the Tucson Aqueduct; 21

(E) any pumping plant or appurtenant 22

work of a feature described in subparagraph 23

(A), (B), (C), or (D); and 24


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(F) any extension of, addition to, or re-1

placement for a feature described in subpara-2

graph (A), (B), (C), (D), or (E). 3

(21) CAP WATER.—The term ‘‘CAP water’’ has 4

the meaning given the term ‘‘Project Water’’ in the 5

CAP repayment stipulation. 6

(22) CENTRAL ARIZONA PROJECT.—The term 7

‘‘Central Arizona Project’’ means the reclamation 8

project authorized and constructed by the United 9

States in accordance with title III of the Colorado 10

River Basin Project Act (43 U.S.C. 1521 et seq.). 11

(23) CENTRAL ARIZONA WATER CONSERVATION 12

DISTRICT.—The term ‘‘Central Arizona Water Con-13

servation District’’ means the political subdivision of 14

the State that is the contractor under the CAP re-15

payment contract. 16

(24) COLORADO RIVER COMPACT.—The term 17

‘‘Colorado River Compact’’ means the Colorado 18

River Compact of 1922, as ratified and reprinted in 19

article 2 of chapter 7 of title 45, Arizona Revised 20

Statutes. 21

(25) COLORADO RIVER WATER.—The term 22

‘‘Colorado River water’’ means the water of the Col-23

orado River within the United States, including— 24


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(A) the water of reservoirs on the Colorado 1

River within the United States; 2

(B) the water of all tributaries to the Colo-3

rado River within the United States, other than 4

tributaries located within the State; 5

(C) the water beneath the surface of the 6

Earth that is hydraulically connected to the 7

Colorado River within the United States; and 8

(D) all water beneath the surface of the 9

Earth that is hydraulically connected to tribu-10

taries to the Colorado River within the United 11

States, other than tributaries located within the 12

State. 13

(26) COLORADO RIVER WATER ENTITLE-14

MENT.— 15

(A) IN GENERAL.—The term ‘‘Colorado 16

River water entitlement’’ means the right or au-17

thorization to use Colorado River water in the 18

State. 19

(B) EXCLUSION.—The term ‘‘Colorado 20

River water entitlement’’ does not include the 21

right of the Hualapai Tribe to use Hualapai 22

Tribe CAP water in accordance with the 23

Hualapai Tribe water delivery contract. 24


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(27) COMMISSIONER.—The term ‘‘Commis-1

sioner’’ means the Commissioner of Reclamation. 2

(28) DIVERSION.—The term ‘‘diversion’’ means 3

an act to divert. 4

(29) DIVERT.—The term ‘‘divert’’ means the 5

receipt, withdrawal, development, production, or cap-6

ture of water using a ditch, canal, flume, bypass, 7

pipeline, pit, collection or infiltration gallery, con-8

duit, well, pump, turnout, dam, or any other me-9

chanical device, or any other act of man. 10

(30) EFFLUENT.—The term ‘‘effluent’’ means 11

water that— 12

(A) has been used in the State for domes-13

tic, municipal, or industrial purposes, other 14

than solely for hydropower generation; and 15

(B) is available for reuse for any purpose, 16

whether or not the water has been treated to 17

improve the quality of the water. 18

(31) ENFORCEABILITY DATE.—The term ‘‘en-19

forceability date’’ means the date described in sec-20

tion 12(a). 21

(32) EXCHANGE.—The term ‘‘exchange’’ means 22

a trade between one or more persons of any water 23

for any other water, if each person has a right or 24

claim to use the water the person provides in the 25


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trade, regardless of whether the water is traded in 1

equal amounts or other consideration is included in 2

the trade. 3

(33) FOURTH PRIORITY WATER.—The term 4

‘‘fourth priority water’’ means Colorado River water 5

that is available for delivery in the State for the sat-6

isfaction of entitlements— 7

(A) in accordance with contracts, Secre-8

tarial reservations, perfected rights, and other 9

arrangements between the United States and 10

water users in the State entered into or estab-11

lished more recently than September 30, 1968, 12

for use on Federal, State, or privately owned 13

land in the State, in a total quantity not great-14

er than 164,652 AFY of diversions; and 15

(B) after first providing for the delivery of 16

Colorado River water for the CAP system, in-17

cluding for use on Indian land, under section 18

304(e) of the Colorado River Basin Project Act 19

(43 U.S.C. 1524(e)), in accordance with the 20

CAP repayment contract. 21

(34) FREEPORT.— 22

(A) IN GENERAL.—The term ‘‘Freeport’’ 23

means the Delaware corporation named ‘‘Free-24

port Minerals Corporation’’. 25


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(B) INCLUSIONS.—The term ‘‘Freeport’’ 1

includes all subsidiaries, affiliates, successors, 2

and assigns of Freeport, including Byner Cattle 3

Company, a Nevada corporation. 4

(35) GILA RIVER ADJUDICATION.—The term 5

‘‘Gila River adjudication’’ means the action pending 6

in the Superior Court of the State, in and for the 7

County of Maricopa, In Re the General Adjudication 8

of All Rights To Use Water In The Gila River Sys-9

tem and Source, W–1 (Salt), W–2 (Verde), W–3 10

(Upper Gila), W–4 (San Pedro) (Consolidated). 11

(36) GILA RIVER ADJUDICATION COURT.—The 12

term ‘‘Gila River adjudication court’’ means the Su-13

perior Court of the State, in and for the County of 14

Maricopa, exercising jurisdiction over the Gila River 15

adjudication. 16

(37) GILA RIVER ADJUDICATION DECREE.—The 17

term ‘‘Gila River adjudication decree’’ means the 18

judgment or decree entered by the Gila River adju-19

dication court in substantially the same form as the 20

form of judgment attached to the Hualapai Tribe 21

water rights settlement agreement as Exhibit 3.1.43. 22

(38) GROUNDWATER.—The term ‘‘ground-23

water’’ means all water beneath the surface of the 24

Earth within the State that is not— 25


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(A) surface water; 1

(B) effluent; or 2

(C) Colorado River water. 3

(39) HUALAPAI FEE LAND.—The term 4

‘‘Hualapai fee land’’ means land, other than 5

Hualapai trust land, that— 6

(A) is located in the State; 7

(B) is located outside the exterior bound-8

aries of the Hualapai Reservation or Hualapai 9

trust land; and 10

(C) as of the enforceability date, is owned 11

by the Hualapai Tribe, including ownership 12

through a related entity. 13

(40) HUALAPAI LAND.—The term ‘‘Hualapai 14

land’’ means— 15

(A) the Hualapai Reservation; 16

(B) Hualapai trust land; and 17

(C) Hualapai fee land. 18

(41) HUALAPAI OM&R TRUST ACCOUNT.—The 19

term ‘‘Hualapai OM&R Trust Account’’ means the 20

account established by section 6(c)(1). 21

(42) HUALAPAI RESERVATION.—The term 22

‘‘Hualapai Reservation’’ means the land within the 23

exterior boundaries of the Hualapai Reservation, in-24

cluding— 25


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(A) all land withdrawn by the Executive 1

Order dated January 4, 1883, as modified by 2

the May 28, 1942, Order of the Secretary pur-3

suant to the Act of February 20, 1925 (43 4

Stat. 954, chapter 273); 5

(B) the land identified by the Executive 6

Orders dated December 22, 1898, May 14, 7

1900, and June 2, 1911; and 8

(C) the land added to the Hualapai Res-9

ervation by section 9. 10

(43) HUALAPAI TRIBE.—The term ‘‘Hualapai 11

Tribe’’ means the Hualapai Tribe, a federally recog-12

nized Indian tribe of Hualapai Indians organized 13

under section 16 of the Act of June 18, 1934 (25 14

U.S.C. 476) (commonly known as the ‘‘Indian Reor-15

ganization Act’’). 16

(44) HUALAPAI TRIBE CAP WATER.—The term 17

‘‘Hualapai Tribe CAP water’’ means the 4,000 AFY 18

of the CAP NIA priority water that— 19

(A) was previously allocated to non-Indian 20

agricultural entities; 21

(B) was retained by the Secretary for re-22

allocation to Indian tribes in the State pursuant 23

to section 104(a)(1)(A)(iii) of the Central Ari-24


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zona Project Settlement Act of 2004 (Public 1

Law 108–451; 118 Stat. 3487); and 2

(C) is reallocated to the Hualapai Tribe 3

pursuant to section 11. 4

(45) HUALAPAI TRIBE WATER RIGHTS SETTLE-5

MENT AGREEMENT.— 6

(A) IN GENERAL.—The term ‘‘Hualapai 7

Tribe water rights settlement agreement’’ 8

means the agreement, including exhibits, enti-9

tled the ‘‘Hualapai Tribe Water Rights Settle-10

ment Agreement’’. 11

(B) INCLUSIONS.—The term ‘‘Hualapai 12

Tribe water rights settlement agreement’’ in-13

cludes— 14

(i) any amendments necessary to 15

make the Hualapai Tribe water rights set-16

tlement agreement consistent with this 17

Act; and 18

(ii) any other amendments approved 19

by the parties to the Hualapai Tribe water 20

rights settlement agreement and the Sec-21

retary. 22

(46) HUALAPAI TRIBE WATER DELIVERY CON-23

TRACT.—The term ‘‘Hualapai Tribe water delivery 24

contract’’ means the contract entered into in accord-25


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ance with the Hualapai Tribe water rights settle-1

ment agreement and section 11(c) for the delivery of 2

Hualapai Tribe CAP water. 3

(47) HUALAPAI TRUST LAND.—The term 4

‘‘Hualapai trust land’’ means land, other than 5

Hualapai fee land, that is— 6

(A) located— 7

(i) in the State; and 8

(ii) outside the exterior boundaries of 9

the Hualapai Reservation; and 10

(B) as of the enforceability date, held in 11

trust by the United States for the benefit of the 12

Hualapai Tribe. 13

(48) HUALAPAI WATER PROJECT.—The term 14

‘‘Hualapai Water Project’’ means the project con-15

structed in accordance with section 6. 16

(49) HUALAPAI WATER PROJECT ACCOUNT.— 17

The term ‘‘Hualapai Water Project Account’’ means 18

the account established by section 6(b)(1). 19

(50) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 20

has the meaning given the term in section 4 of the 21

Indian Self-Determination and Education Assistance 22

Act (25 U.S.C. 450b). 23

(51) INJURY TO WATER RIGHTS.— 24


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(A) IN GENERAL.—The term ‘‘injury to 1

water rights’’ means any interference with, dim-2

inution of, or deprivation of, a water right 3

under Federal, State, or other law. 4

(B) EXCLUSION.—The term ‘‘injury to 5

water rights’’ does not include any injury to 6

water quality. 7

(52) LOWER BASIN.—The term ‘‘lower basin’’ 8

has the meaning given the term in article II(g) of 9

the Colorado River Compact. 10

(53) LOWER COLORADO RIVER BASIN DEVELOP-11

MENT FUND.—The term ‘‘Lower Colorado River 12

Basin Development Fund’’ means the fund estab-13

lished by section 403 of the Colorado River Basin 14

Project Act (43 U.S.C. 1543). 15

(54) MEMBER.—The term ‘‘member’’ means 16

any person duly enrolled as a member of the 17

Hualapai Tribe. 18

(55) OM&R.—The term ‘‘OM&R’’ means— 19

(A) any recurring or ongoing activity relat-20

ing to the day-to-day operation of a project; 21

(B) any activity relating to scheduled or 22

unscheduled maintenance of a project; and 23

(C) any activity relating to replacing a fea-24

ture of a project. 25


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(56) PARCEL 1.—The term ‘‘Parcel 1’’ means 1

the parcel of land that— 2

(A) is depicted as 3 contiguous allotments 3

identified as 1A, 1B, and 1C on the map at-4

tached to the Hualapai Tribe water rights set-5

tlement agreement as Exhibit 3.1.6; and 6

(B) is held in trust for certain allottees. 7



(A) is depicted as ‘‘Parcel 2’’ on the map 10

attached to the Hualapai Tribe water rights 11

settlement agreement as Exhibit 3.1.6; and 12

(B) is held in trust for certain allottees. 13



(A) is depicted as ‘‘Parcel 3’’ on the map 16

attached to the Hualapai Tribe water rights 17

settlement agreement as Exhibit 3.1.6; 18

(B) is held in trust for the Hualapai Tribe; 19

and 20

(C) is part of the Hualapai Reservation 21

pursuant to Executive Order 1368 of June 2, 22

1911. 23


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(59) PARTY.—The term ‘‘party’’ means a per-1

son that is a signatory to the Hualapai Tribe water 2

rights settlement agreement. 3

(60) PERSON.— 4

(A) IN GENERAL.—The term ‘‘person’’ 5

means— 6

(i) an individual; 7

(ii) a public or private corporation; 8

(iii) a company; 9

(iv) a partnership; 10

(v) a joint venture; 11

(vi) a firm; 12

(vii) an association; 13

(viii) a society; 14

(ix) an estate or trust; 15

(x) a private organization or enter-16

prise; 17

(xi) the United States; 18

(xii) any Indian tribe; 19

(xiii) a State, territory, or country; 20

(xiv) a governmental entity; and 21

(xv) a political subdivision or munic-22

ipal corporation organized under or subject 23

to the constitution and laws of the State. 24


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(B) INCLUSIONS.—The term ‘‘person’’ in-1

cludes an officer, director, agent, insurer, rep-2

resentative, employee, attorney, assign, sub-3

sidiary, affiliate, enterprise, legal representative, 4

any predecessor and successor in interest, and 5

any heir of a predecessor and successor in in-6

terest of a person. 7

(61) PRECONSTRUCTION ACTIVITY.— 8

(A) IN GENERAL.—The term ‘‘preconstruc-9

tion activity’’ means the work relating to the 10

preplanning, planning, and design phases of 11

construction, as those terms are defined in 12

paragraphs (1) through (3) of section 13

900.112(a) of title 25, Code of Federal Regula-14

tions (or a successor regulation). 15

(B) INCLUSION.—The term ‘‘preconstruc-16

tion activity’’ includes the activities described in 17

section 900.112(b) of title 25, Code of Federal 18

Regulations (or a successor regulation). 19

(62) SECRETARY.—The term ‘‘Secretary’’ 20

means the Secretary of the Interior. 21

(63) STATE.—The term ‘‘State’’ means the 22

State of Arizona. 23


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(64) SURFACE WATER.—The term ‘‘surface 1

water’’ means all water in the State that is appro-2

priable under State law. 3

(65) WATER.—The term ‘‘water’’, when used 4

without a modifying adjective, means— 5

(A) groundwater; 6

(B) surface water; 7

(C) effluent; or 8

(D) Colorado River water. 9

(66) WATER RIGHT.—The term ‘‘water right’’ 10

mean any right or rights in or to groundwater, sur-11

face water, effluent, or Colorado River water under 12

Federal, State, or other law. 13

SEC. 4. RATIFICATION AND EXECUTION OF HUALAPAI 14

TRIBE WATER RIGHTS SETTLEMENT AGREE-15

MENT. 16

(a) RATIFICATION.— 17

(1) IN GENERAL.—Except as modified by this 18

Act and to the extent that the Hualapai Tribe water 19

rights settlement agreement does not conflict with 20

this Act, the Hualapai Tribe water rights settlement 21

agreement is authorized, ratified, and confirmed. 22

(2) AMENDMENTS.—If an amendment to the 23

Hualapai Tribe water rights settlement agreement, 24

or to any exhibit attached to the Hualapai Tribe 25


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water rights settlement agreement requiring the sig-1

nature of the Secretary, is executed in accordance 2

with this Act to make the Hualapai Tribe water 3

rights settlement agreement consistent with this Act, 4

the amendment is authorized, ratified, and con-5

firmed, to the extent the amendment is consistent 6

with this Act. 7

(b) EXECUTION.— 8

(1) IN GENERAL.—To the extent the Hualapai 9

Tribe water rights settlement agreement does not 10

conflict with this Act, the Secretary shall execute the 11


including all exhibits to, or parts of, the Hualapai 13

Tribe water rights settlement agreement requiring 14

the signature of the Secretary. 15

(2) MODIFICATIONS.—Nothing in this Act pro-16

hibits the Secretary from approving any modification 17

to an appendix or exhibit to the Hualapai Tribe 18

water rights settlement agreement that is consistent 19

with this Act, to the extent that the modification 20

does not otherwise require congressional approval 21

under section 2116 of the Revised Statues (25 22

U.S.C. 177) or any other applicable provision of 23

Federal law. 24

(c) ENVIRONMENTAL COMPLIANCE.— 25


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(1) IN GENERAL.—The Secretary shall carry 1

out all Federal compliance activities necessary to im-2

plement the Hualapai Tribe water rights settlement 3

agreement (including all exhibits to the Hualapai 4

Tribe water rights settlement agreement requiring 5

the signature of the Secretary) and this Act, includ-6

ing activities necessary to comply with all applicable 7

provisions of— 8

(A) the Endangered Species Act of 1973 9

(16 U.S.C. 1531 et seq.); 10

(B) the National Environmental Policy Act 11

of 1969 (42 U.S.C. 4321 et seq.); and 12

(C) all other applicable Federal environ-13

mental laws. 14

(2) EFFECT OF EXECUTION.—The execution of 15

the Hualapai Tribe water rights settlement agree-16

ment by the Secretary under this section shall not 17

constitute a major action for purposes of the Na-18

tional Environmental Policy Act of 1969 (42 U.S.C. 19

4321 et seq.). 20

SEC. 5. WATER RIGHTS. 21

(a) WATER RIGHTS TO BE HELD IN TRUST.— 22

(1) HUALAPAI TRIBE.—The United States shall 23

hold the following water rights in trust for the ben-24

efit of the Hualapai Tribe: 25


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(A) The water rights for the Hualapai 1

Reservation described in subparagraph 4.2 of 2

the Hualapai Tribe water rights settlement 3

agreement. 4

(B) The water rights for Hualapai trust 5

land described in subparagraph 4.4 of the 6

Hualapai Tribe water rights settlement agree-7

ment. 8

(C) The water rights described in section 9

10(b)(2) for any land taken into trust by the 10

United States for the benefit of the Hualapai 11

Tribe— 12

(i) after the enforceability date; and 13

(ii) in accordance with section 14

10(b)(1). 15

(D) All Hualapai Tribe CAP Water. 16

(2) ALLOTTEES.—The United States shall hold 17

in trust for the benefit of the allottees all water 18

rights for the allotments described in subparagraph 19

4.3.2 of the Hualapai Tribe water rights settlement 20

agreement. 21

(b) FORFEITURE AND ABANDONMENT.—The fol-22

lowing water rights shall not be subject to loss through 23

non-use, forfeiture, abandonment, or other operation of 24

law: 25


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(1) The water rights for the Hualapai Reserva-1

tion described in subparagraph 4.2 of the Hualapai 2

Tribe water rights settlement agreement. 3

(2) The water rights for Hualapai trust land 4

described in subparagraph 4.4 of the Hualapai Tribe 5

water rights settlement agreement. 6

(3) Any Colorado River water entitlement pur-7

chased by the Hualapai Tribe wholly or substantially 8

with amounts contributed by Freeport to the Eco-9

nomic Development Fund described in section 8.1 of 10

the Amended and Restated Hualapai Tribe Bill Wil-11

liams River Water Rights Settlement Agreement. 12

(c) ALIENATION.—Any Colorado River water entitle-13

ment purchased by the Hualapai Tribe wholly or substan-14

tially with amounts contributed by Freeport to the Eco-15

nomic Development Fund described in section 8.1 of the 16

Amended and Restated Hualapai Tribe Bill Williams 17

River Water Rights Settlement Agreement shall be re-18

stricted against permanent alienation by the Tribe. 19

(d) HUALAPAI TRIBE CAP WATER.—The Hualapai 20

Tribe shall have the right to divert, use, and store the 21

Hualapai Tribe CAP water in accordance with section 11. 22

(e) COLORADO RIVER WATER ENTITLEMENTS.— 23

(1) USES.—The Hualapai Tribe shall have the 24

right to use any Colorado River water entitlement 25


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purchased by or donated to the Hualapai Tribe at 1

the location to which the entitlement is appurtenant 2

on the date on which the entitlement is purchased 3

or donated. 4

(2) STORAGE.— 5

(A) IN GENERAL.—Subject to paragraphs 6

(3) and (5), the Hualapai Tribe may store Colo-7

rado River water available under any Colorado 8

River water entitlement purchased by or do-9

nated to the Hualapai Tribe at underground 10

storage facilities or groundwater savings facili-11

ties located within the State and in accordance 12

with State law. 13

(B) ASSIGNMENTS.—The Hualapai Tribe 14

may assign any long-term storage credits ac-15

crued as a result of storage under subpara-16

graph (A) in accordance with State law. 17

(3) TRANSFERS.—The Hualapai Tribe may 18

transfer the entitlement for use or storage under 19

paragraph (1) or (2), respectively, to another loca-20

tion within the State, including the Hualapai Res-21

ervation, in accordance with the Hualapai Tribe 22

water rights settlement agreement and all applicable 23

Federal and State laws governing the transfer of 24

Colorado River water entitlements within the State. 25


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(4) LEASES.—The Hualapai Tribe may lease 1

the entitlement for use or storage to a water user 2

within the State, in accordance with the Hualapai 3

Tribe water rights settlement agreement and all ap-4

plicable Federal and State laws governing the trans-5

fer of Colorado River water entitlements within the 6

State. 7

(5) TRANSPORTS.—The Hualapai Tribe, or any 8

person who leases the entitlement from the Hualapai 9

Tribe under paragraph (4), may transport Colorado 10

River water available under the entitlement through 11

the Central Arizona Project in accordance with all 12

laws of the United States and the Central Arizona 13

Water Conservation District governing the use of the 14

Central Arizona Project to transport water other 15

than CAP Water. 16

(f) USE OFF-RESERVATION.—No water rights to 17

groundwater under the Hualapai Reservation or Hualapai 18

trust land, or to surface water on the Hualapai Reserva-19

tion or Hualapai trust land, may be sold, leased, trans-20

ferred, or used outside the boundaries of the Hualapai 21

Reservation or Hualapai trust land, other than under an 22

exchange. 23


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SEC. 6. AUTHORIZATION FOR CONSTRUCTION OF MUNIC-1

IPAL, DOMESTIC, COMMERCIAL, AND INDUS-2

TRIAL WATER PROJECTS; FUNDING. 3

(a) HUALAPAI WATER PROJECT.— 4

(1) IN GENERAL.—Subject to the availability of 5

appropriations, the Secretary, acting through the 6

Commissioner, shall plan, design, and construct the 7

Hualapai Water Project, which shall be designed to 8

divert, treat, and convey not less than 3,414 AFY of 9

water from the Colorado River for municipal, com-10

mercial, and industrial uses on the Hualapai Res-11

ervation. 12

(2) LEAD AGENCY.—The Bureau of Reclama-13

tion shall serve as the lead agency with respect to 14

any activity to plan, design, and construct the water 15

diversion and delivery features of the Hualapai 16

Water Project. 17

(3) SCOPE.— 18

(A) IN GENERAL.—The scope of the plan-19

ning, design, and construction activities for the 20

Hualapai Water Project shall be as generally 21

described in the document entitled ‘‘Appraisal 22

Design Report revised with Addendum (June 23

2016)’’ and prepared by DOWL HKM, subject 24

to the condition that, before commencing final 25


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design and construction activities, the Secretary 1

shall— 2

(i) review the design of the proposed 3

construction; 4

(ii) perform value engineering anal-5

yses; and 6

(iii) perform appropriate Federal com-7

pliance activities. 8

(B) REQUIREMENTS.—The Hualapai 9

Water Project shall— 10

(i) be capable of delivering 3,414 AFY 11

of water from the Colorado River to the 12

Reservation; 13

(ii) include all facilities and appur-14

tenant items necessary to divert, store, 15

treat, and deliver water for municipal, 16

commercial, and industrial uses on the 17

Hualapai Reservation; and 18

(iii) to the maximum extent prac-19

ticable, be designed and constructed to 20

minimize OM&R costs. 21

(C) NEGOTIATIONS WITH HUALAPAI 22

TRIBE.—On the basis of the review described in 23

subparagraph (A)(i), the Secretary shall peri-24

odically offer to negotiate and reach agreement 25


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with the Hualapai Tribe regarding any appro-1

priate changes to the final design— 2

(i) to ensure that the final design 3

meets applicable industry standards; 4

(ii) to improve the cost-effectiveness 5

of the delivery of Colorado River water; 6

and 7

(iii) to ensure that the Hualapai 8

Water Project will be constructed using 9

only the amounts made available pursuant 10

to subsection (b)(6). 11

(4) APPLICABILITY OF ISDEAA.—On request of 12

the Hualapai Tribe and in accordance with the In-13

dian Self-Determination and Education Assistance 14

Act (25 U.S.C. 450 et seq.), the Secretary shall 15

enter into one or more agreements with the 16

Hualapai Tribe to carry out this subsection. 17

(5) OPERATION AND MAINTENANCE.— 18

(A) IN GENERAL.—In accordance with 19

subsection (c) and subject to the availability of 20

appropriations, during the period beginning on 21

the enforceability date and ending on the date 22

on which title to the Hualapai Water Project is 23

transferred to the Hualapai Tribe pursuant to 24

paragraph (6), the Secretary, acting through 25


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the Commissioner, in consultation with the 1

Hualapai Tribe, shall operate, maintain, and re-2

place the Hualapai Water Project. 3

(B) AUTHORIZATION OF APPROPRIA-4

TIONS.— 5

(i) IN GENERAL.—There is authorized 6

to be appropriated to the Secretary to 7

carry out the activities described in sub-8

paragraph (A) $5,000,000, to remain 9

available until expended. 10

(ii) UNEXPENDED FUNDS.—Any 11

funds that remain unexpended on the date 12

on which title to the Hualapai Water 13

Project is transferred to the Hualapai 14

Tribe pursuant to paragraph (6) shall re-15

vert to the Treasury. 16

(iii) PROHIBITION.—The Secretary 17

shall not use any amounts from the 18

Hualapai Water Project Account or the 19

Hualapai OM&R Trust Account to carry 20

out the activities described in subpara-21

graph (A). 22

(6) TITLE TO HUALAPAI WATER PROJECT.— 23

(A) IN GENERAL.—The Secretary shall 24

convey to the Hualapai Tribe title to the 25


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Hualapai Water Project on the date on which 1

the Secretary issues a notice including— 2

(i) a certification that the infrastruc-3

ture constructed is capable of storing, di-4

verting, treating, transmitting, and distrib-5

uting a supply of water as generally set 6

forth in the final project design described 7

in paragraph (3); 8

(ii) a finding that the Hualapai Water 9

Project is substantially complete; and 10

(iii) a certification that the Secretary 11

has consulted with the Hualapai Tribe re-12

garding the finding described in clause (ii). 13

(B) LIMITATION ON LIABILITY.— 14

(i) IN GENERAL.—Subject to clause 15

(ii), beginning on the date on which the 16

Secretary transfers to the Hualapai Tribe 17

title to the Hualapai Water Project under 18

subparagraph (A), the United States shall 19

not be held liable by any court for damages 20

arising out of any act, omission, or occur-21

rence relating to the facilities transferred. 22

(ii) SAVINGS CLAUSE.—Clause (i) 23

shall not apply to liability for damages 24

caused by an intentional act or an act of 25


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negligence committed by the United 1

States, or by employees or agents of the 2

United States, occurring prior to the date 3

on which the Secretary transfers to the 4

Hualapai Tribe title to the Hualapai Water 5

Project under subparagraph (A). 6

(C) OM&R OBLIGATION OF UNITED 7

STATES AFTER CONVEYANCE.—Beginning on 8

the date on which the Secretary transfers to the 9

Hualapai Tribe title to the Hualapai Water 10

Project under subparagraph (A), the United 11

States shall have no obligation to pay for the 12

OM&R costs of the Hualapai Water Project. 13

(7) TECHNICAL ASSISTANCE.— 14

(A) IN GENERAL.—Subject to the avail-15

ability of appropriations, the Secretary shall 16

provide to the Hualapai Tribe technical assist-17

ance, including operation and management 18

training, to prepare the Hualapai Tribe for the 19

operation of the Hualapai Water Project. 20

(B) AUTHORIZATION OF APPROPRIA-21

TIONS.— 22

(i) IN GENERAL.—There is authorized 23

to be appropriated to the Secretary to 24

carry out the activities described in sub-25


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paragraph (A) $2,000,000, to remain 1


(ii) UNEXPENDED FUNDS.—Any 3

funds that remain unexpended on the date 4

on which title to the Hualapai Water 5

Project is transferred to the Hualapai 6

Tribe pursuant to paragraph (6) shall re-7

vert to the Treasury. 8

(8) PROJECT MANAGEMENT COMMITTEE.—The 9

Secretary shall facilitate the formation of a project 10

management committee composed of representatives 11

from the Bureau of Reclamation, the Bureau of In-12

dian Affairs, the National Park Service, the United 13

States Fish and Wildlife Service, and the Hualapai 14

Tribe— 15

(A) to review cost factors and budgets for 16

construction, operation, and maintenance activi-17

ties for the Hualapai Water Project; 18

(B) to improve management of inherently 19

governmental functions through enhanced com-20

munication; and 21

(C) to seek additional ways to reduce over-22

all costs for the Hualapai Water Project. 23

(9) AUTHORIZATION TO CONSTRUCT.— 24


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(A) IN GENERAL.—Subject to subpara-1

graph (B), beginning on the day after the en-2

forceability date, the Secretary may construct 3

the Hualapai Water Project. 4

(B) PRECONSTRUCTION ACTIVITIES.— 5

(i) IN GENERAL.—Notwithstanding 6

subparagraph (A) and subject to clause 7

(ii), on or before the enforceability date, 8

the Secretary may use not more than 9

$15,233,000 of the amounts deposited in 10

the Hualapai Water Project Account under 11

subsection (b)(6) to carry out, for the 12

Hualapai Water Project— 13

(I) preconstruction activities; and 14

(II) necessary environmental 15

studies. 16

(ii) FLUCTUATION IN COSTS.—The 17

amount described in clause (i) shall be in-18

creased or decreased, as appropriate, by 19

such amounts as may be justified by rea-20

son of fluctuations in applicable engineer-21

ing cost indices occurring after February 22

29, 2016. 23

(b) HUALAPAI WATER PROJECT ACCOUNT.— 24

(1) ESTABLISHMENT.— 25


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(A) IN GENERAL.—There is established in 1

the Treasury of the United States an account, 2

to be known as the ‘‘Hualapai Water Project 3

Account’’, for use in constructing the Hualapai 4

Water Project. 5

(B) ADMINISTRATION.—The Hualapai 6

Water Project Account shall be administered by 7

the Secretary. 8

(C) COMPOSITION.—The Hualapai Water 9

Project Account shall consist of the amounts 10

deposited in the account under paragraph (6), 11

together with any interest accrued on those 12

amounts. 13

(2) MANAGEMENT.— 14


manage the Hualapai Water Project Account in 16

a manner that is consistent with— 17

(i) the American Indian Trust Fund 18

Management Reform Act of 1994 (25 19

U.S.C. 4001 et seq.); and 20

(ii) this subsection. 21

(B) INVESTMENTS.—The Secretary shall 22

invest amounts in the Hualapai Water Project 23

Account in accordance with— 24


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(i) the Act of April 1, 1880 (21 Stat. 1

70, chapter 41; 25 U.S.C. 161); 2

(ii) the first section of the Act of June 3

24, 1938 (52 Stat. 1037, chapter 648; 25 4

U.S.C. 162a); and 5

(iii) obligations of Federal corpora-6

tions and Federal Government-sponsored 7

entities, the charter documents of which 8

provide that the obligations of the entities 9

are lawful investments for federally man-10

aged funds, including— 11

(I) obligations of the United 12

States Postal Service described in sec-13

tion 2005 of title 39, United States 14

Code; 15

(II) bonds and other obligations 16

of the Tennessee Valley Authority de-17

scribed in section 15d of the Ten-18

nessee Valley Authority Act of 1933 19

(16 U.S.C. 831n–4); 20

(III) mortgages, obligations, or 21

other securities of the Federal Home 22

Loan Mortgage Corporation described 23

in section 303 of the Federal Home 24


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Loan Mortgage Corporation Act (12 1

U.S.C. 1452); and 2

(IV) bonds, notes, or debentures 3

of the Commodity Credit Corporation 4

described in section 4 of the Act of 5

March 8, 1938 (52 Stat. 108, chapter 6

44; 15 U.S.C. 713a–4). 7

(C) CREDITS TO ACCOUNT.—The interest 8

on, and the proceeds from, the sale or redemp-9

tion of any obligations held in the Hualapai 10

Water Project Account shall be credited to, and 11

form a part of, the Hualapai Water Project Ac-12

count. 13

(3) PROJECT EFFICIENCIES.—If the total cost 14

of planning, design, and construction activities of 15

the Hualapai Water Project results in cost savings 16

and is less than the amounts authorized to be appro-17

priated under paragraph (6), the Secretary, at the 18

request of the Hualapai Tribe, may— 19

(A) use those cost savings to carry out 20

capital improvement projects associated with 21

the Hualapai Water Project; or 22

(B) transfer those cost savings to the 23

Hualapai OM&R Trust Account. 24


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(4) NO REIMBURSEMENT.—The Secretary shall 1

not be reimbursed by any entity, including the 2

Hualapai Tribe, for any amounts expended by the 3

Secretary in carrying out this section. 4

(5) AVAILABILITY OF AMOUNTS AND INVEST-5

MENT EARNINGS.— 6

(A) IN GENERAL.—Except as provided in 7

subsection (a)(9)(B), amounts appropriated to 8

and, deposited in, the Hualapai Water Project 9

Account shall not be available to the Secretary 10

for expenditure until the enforceability date. 11

(B) INVESTMENT EARNINGS.—Investment 12

earnings under paragraph (2) on amounts de-13

posited in the Hualapai Water Project Account 14

shall not be available to the Secretary for ex-15

penditure until the enforceability date. 16

(6) AUTHORIZATION OF APPROPRIATIONS.— 17


graph (B), there is authorized to be appro-19

priated to the Secretary for deposit in the 20

Hualapai Water Project Account $134,500,000, 21

to remain available until expended 22

(B) FLUCTUATION IN COSTS.—The 23

amount authorized to be appropriated under 24

subparagraph (A) shall be increased or de-25


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creased, as appropriate, by such amounts as 1

may be justified by reason of fluctuations in ap-2

plicable engineering cost indices occurring after 3

February 29, 2016, until the date on which title 4

to the Hualapai Water Project is transferred to 5

the Hualapai Tribe under subsection (a)(6)(A). 6

(c) HUALAPAI OM&R TRUST ACCOUNT.— 7

(1) ESTABLISHMENT.— 8

(A) IN GENERAL.—There is established in 9

the Treasury of the United States a trust ac-10

count, to be known as the ‘‘Hualapai OM&R 11

Trust Account’’, for the OM&R of the Hualapai 12

Water Project. 13

(B) ADMINISTRATION.—The Hualapai 14

OM&R Trust Account shall be administered by 15

the Secretary. 16

(C) COMPOSITION.—The Hualapai OM&R 17

Trust Account shall consist of the amounts de-18

posited in the account under paragraph (4), to-19

gether with any interest accrued on those 20

amounts. 21

(2) MANAGEMENT.— 22


manage the Hualapai OM&R Trust Account in 24

a manner that is consistent with— 25


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(i) the American Indian Trust Fund 1

Management Reform Act of 1994 (25 2

U.S.C. 4001 et seq.); and 3

(ii) this subsection. 4

(B) INVESTMENTS.—The Secretary shall 5

invest amounts in the Hualapai OM&R Trust 6

Account in accordance with the laws and obliga-7

tions described in clauses (i) through (iii) of 8

subsection (b)(2)(B). 9

(3) AVAILABILITY OF AMOUNTS.—Beginning on 10

the date on which title to the Hualapai Water 11

Project is transferred to the Hualapai Tribe under 12

subsection (a)(6)(A), the Secretary shall make avail-13

able to the Hualapai Tribe all amounts appropriated 14

to, and deposited in, the Hualapai OM&R Trust Ac-15

count. 16

(4) AUTHORIZATION OF APPROPRIATIONS.— 17


graph (B) and in addition to any amounts 19

transferred from the Hualapai Water Project 20

Account pursuant to subsection (b)(3)(B), there 21

is authorized to be appropriated to the Sec-22

retary for deposit and retention in the Hualapai 23

OM&R Trust Account $32,000,000, to remain 24



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(B) FLUCTUATION IN COSTS.—The 1

amount authorized to be appropriated under 2

subparagraph (A) shall be increased or de-3

creased, as appropriate, by such amounts as 4

may be justified by reason of fluctuations in ap-5

plicable engineering cost indices occurring after 6

February 29, 2016. 7

SEC. 7. WAIVERS, RELEASES, AND RETENTIONS OF CLAIMS. 8

(a) HUALAPAI TRIBE.— 9

(1) CLAIMS AGAINST THE STATE AND OTH-10

ERS.— 11


subparagraph (C), the Hualapai Tribe, on be-13

half of the Hualapai Tribe and the members of 14

the Hualapai Tribe (but not members in the ca-15

pacity of the members as allottees) and the 16

United States, acting as trustee for the 17


Hualapai Tribe (but not members in the capac-19

ity of the members as allottees), as part of the 20

performance of the respective obligations of the 21

Hualapai Tribe and the United States under 22


agreement and this Act, are authorized to exe-24

cute a waiver and release of any claims against 25


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the State (or any agency or political subdivision 1

of the State) and any other individual, entity, 2

corporation, or municipal corporation under 3

Federal, State, or other law for all— 4

(i) past, present, and future claims for 5

water rights, including rights to Colorado 6

River water, for Hualapai land, arising 7

from time immemorial and, thereafter, for-8

ever; 9

(ii) past, present, and future claims 10

for water rights, including rights to Colo-11

rado River water, arising from time imme-12

morial and, thereafter, forever, that are 13

based on the aboriginal occupancy of land 14

by the Hualapai Tribe, the predecessors of 15

the Hualapai Tribe, the members of the 16

Hualapai Tribe, or predecessors of the 17

members of the Hualapai Tribe; 18

(iii) past and present claims for injury 19

to water rights, including injury to rights 20

to Colorado River water, for Hualapai 21

land, arising from time immemorial 22

through the enforceability date; 23

(iv) past, present, and future claims 24

for injury to water rights, including injury 25


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to rights to Colorado River water, arising 1


ever, that are based on the aboriginal occu-3

pancy of land by the Hualapai Tribe, the 4

predecessors of the Hualapai Tribe, the 5

members of the Hualapai Tribe, or prede-6

cessors of the members of the Hualapai 7

Tribe; 8

(v) claims for injury to water rights, 9

including injury to rights to Colorado 10

River water, arising after the enforceability 11

date, for Hualapai land, resulting from the 12

off-Reservation diversion or use of water in 13

a manner not in violation of the Hualapai 14

Tribe water rights settlement agreement or 15

State law; 16

(vi) past, present, and future claims 17

arising out of, or relating in any manner 18

to, the negotiation, execution, or adoption 19

of the Hualapai Tribe water rights settle-20

ment agreement, any judgment or decree 21

approving or incorporating the Hualapai 22

Tribe water rights settlement agreement, 23

or this Act; and 24


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(vii) claims for water rights of the 1

Hualapai Tribe or United States, acting as 2

trustee for the Hualapai Tribe and mem-3

bers of the Hualapai Tribe with respect to 4

Parcel 3, in excess of 300 AFY. 5

(B) EFFECTIVE DATE.—The waiver and 6

release of claims described in subparagraph (A) 7

shall take effect on the enforceability date. 8

(C) RESERVATION OF RIGHTS AND RETEN-9

TION OF CLAIMS.—Notwithstanding the waiver 10

and release of claims described in subparagraph 11

(A), the Hualapai Tribe, acting on behalf of the 12


Hualapai Tribe, and the United States, acting 14

as trustee for the Hualapai Tribe and the mem-15

bers of the Hualapai Tribe (but not members in 16

the capacity of the members as allottees), shall 17

retain any right— 18

(i) subject to subparagraph 12.7 of 19


agreement, to assert claims for injuries to, 21

and seek enforcement of, the rights of the 22

Tribe under the Hualapai Tribe water 23

rights settlement agreement or this Act in 24


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•S 3300 IS

any Federal or State court of competent 1

jurisdiction; 2

(ii) to assert claims for injuries to, 3


Hualapai Tribe under any judgment or de-5

cree approving or incorporating the 6

Hualapai Tribe water rights settlement 7

agreement; 8

(iii) to assert claims for water rights 9

based on State law for land owned or ac-10

quired by the Hualapai Tribe in fee, under 11

subparagraph 4.8 of the Hualapai Tribe 12

water rights settlement agreement; 13

(iv) to object to any claims for water 14

rights or injury to water rights by or for 15

any Indian tribe or the United States, act-16

ing on behalf of any Indian tribe; 17

(v) to assert past, present, or future 18

claims for injury to water rights against 19



(vi) to assert claims for injuries to, 22


Hualapai Tribe under the Bill Williams 24

agreements or the Bill Williams Act in any 25


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•S 3300 IS

Federal or State court of competent juris-1

diction; and 2

(vii) subject to paragraphs (1), (3), 3

(4), and (5) of section 5(e), to assert the 4

rights of the Hualapai Tribe under any 5

Colorado River water entitlement pur-6

chased by or donated to the Hualapai 7

Tribe. 8

(2) CLAIMS AGAINST UNITED STATES.— 9


subparagraph (C), the Hualapai Tribe, acting 11

on behalf of the Hualapai Tribe and the mem-12

bers of the Hualapai Tribe (but not members in 13

the capacity of the members as allottees) as 14

part of the performance of the obligations of 15

the Hualapai Tribe under the Hualapai Tribe 16

water rights settlement agreement and this Act, 17

is authorized to execute a waiver and release of 18

all claims against the United States, including 19

agencies, officials, and employees of the United 20

States, under Federal, State, or other law for 21

all— 22

(i) past, present, and future claims for 23

water rights, including rights to Colorado 24

River water, for Hualapai land, arising 25


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•S 3300 IS


ever; 2

(ii) past, present, and future claims 3

for water rights, including rights to Colo-4

rado River water, arising from time imme-5

morial and, thereafter, forever, that are 6

based on the aboriginal occupancy of land 7

by the Hualapai Tribe, the predecessors of 8

the Hualapai Tribe, the members of the 9

Hualapai Tribe, or predecessors of the 10

members of the Hualapai Tribe; 11

(iii) past and present claims relating 12

in any manner to damages, losses, or in-13

jury to water rights (including injury to 14

rights to Colorado River water), land, or 15

other resources due to loss of water or 16

water rights (including damages, losses, or 17

injuries to hunting, fishing, gathering, or 18

cultural rights due to loss of water or 19

water rights, claims relating to interference 20

with, diversion, or taking of water, or 21

claims relating to the failure to protect, ac-22

quire, or develop water, water rights, or 23

water infrastructure) within the State that 24


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first accrued at any time prior to the en-1

forceability date; 2

(iv) past and present claims for injury 3

to water rights, including injury to rights 4

to Colorado River water, for Hualapai 5

land, arising from time immemorial 6

through the enforceability date; 7

(v) past, present, and future claims 8

for injury to water rights, including injury 9

to rights to Colorado River water, arising 10


ever, that are based on the aboriginal occu-12

pancy of land by the Hualapai Tribe, the 13

predecessors of the Hualapai Tribe, the 14

members of the Hualapai Tribe, or prede-15

cessors of the members of the Hualapai 16

Tribe; 17

(vi) claims for injury to water rights, 18

including injury to rights to Colorado 19

River water, arising after the enforceability 20

date for Hualapai land, resulting from the 21

off-Reservation diversion or use of water in 22

a manner not in violation of the Hualapai 23

Tribe water rights settlement agreement or 24

State law; and 25


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(vii) past, present, and future claims 1


to, the negotiation, execution, or adoption 3

of the Hualapai Tribe water rights settle-4

ment agreement, any judgment or decree 5

approving or incorporating the Hualapai 6

Tribe water rights settlement agreement, 7

or this Act. 8


release of claims described in subparagraph (A) 10

shall take effect on the enforceability date. 11

(C) RETENTION OF CLAIMS.—Notwith-12

standing the waiver and release of claims de-13

scribed in subparagraph (A), the Hualapai 14

Tribe and the members of the Hualapai Tribe 15

(but not members in the capacity of the mem-16

bers as allottees) shall retain any right— 17

(i) subject to subparagraph 12.7 of 18


agreement, to assert claims for injuries to, 20


Tribe under the Hualapai Tribe water 22

rights settlement agreement or this Act in 23

any Federal or State court of competent 24

jurisdiction; 25


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•S 3300 IS

(ii) to assert claims for injuries to, 1


Hualapai Tribe under any judgment or de-3

cree approving or incorporating the 4

Hualapai Tribe water rights settlement 5

agreement; 6

(iii) to assert claims for water rights 7

based on State law for land owned or ac-8

quired by the Hualapai Tribe in fee, under 9

subparagraph 4.8 of the Hualapai Tribe 10


(iv) to object to any claims for water 12

rights or injury to water rights by or for 13



(v) to assert past, present, or future 16

claims for injury to water rights against 17



(vi) to assert claims for injuries to, 20


Hualapai Tribe under the Bill Williams 22

agreements or the Bill Williams Act in any 23

Federal or State court of competent juris-24

diction; and 25


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(vii) subject to paragraphs (1), (3), 1

(4), and (5) of section 5(e), to assert the 2

rights of the Hualapai Tribe under any 3

Colorado River water entitlement pur-4

chased by or donated to the Hualapai 5

Tribe. 6

(b) WAIVERS AND RELEASES OF CLAIMS BY UNITED 7

STATES, ACTING AS TRUSTEE FOR ALLOTTEES.— 8

(1) IN GENERAL.—Except as provided in para-9

graph (3), the United States, acting as trustee for 10

the allottees of the Hualapai Tribe, as part of the 11

performance of the obligations of the United States 12

under the Hualapai Tribe water rights settlement 13

agreement and this Act, is authorized to execute a 14

waiver and release of any claims against the State 15

(or any agency or political subdivision of the State), 16

the Hualapai Tribe, and any other individual, entity, 17

corporation, or municipal corporation under Federal, 18

State, or other law, for all— 19

(A) past, present, and future claims for 20

water rights, including rights to Colorado River 21

water, for the allotments, arising from time im-22

memorial and, thereafter, forever; 23

(B) past, present, and future claims for 24

water rights, including rights to Colorado River 25


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•S 3300 IS

water, arising from time immemorial and, 1

thereafter, forever, that are based on the ab-2

original occupancy of land by the allottees or 3

predecessors of the allottees; 4

(C) past and present claims for injury to 5

water rights, including injury to rights to Colo-6

rado River water, for the allotments, arising 7

from time immemorial through the enforce-8

ability date; 9

(D) past, present, and future claims for in-10

jury to water rights, if any, including injury to 11

rights to Colorado River water, arising from 12

time immemorial and, thereafter, forever, that 13

are based on the aboriginal occupancy of land 14

by the allottees or predecessors of the allottees; 15

(E) claims for injury to water rights, in-16

cluding injury to rights to Colorado River 17

water, arising after the enforceability date, for 18

the allotments, resulting from the off-Reserva-19

tion diversion or use of water in a manner not 20

in violation of the Hualapai Tribe water rights 21

settlement agreement or State law; 22

(F) past, present, and future claims aris-23

ing out of, or relating in any manner to, the ne-24

gotiation, execution, or adoption of the 25


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ment, any judgment or decree approving or in-2

corporating the Hualapai Tribe water rights 3

settlement agreement, or this Act; and 4

(G) claims for any water rights of the 5

allottees or the United States acting as trustee 6

for the allottees with respect to— 7

(i) Parcel 1, in excess of 82 AFY; or 8

(ii) Parcel 2, in excess of 312 AFY. 9

(2) EFFECTIVE DATE.—The waiver and release 10

of claims under subparagraph (A) shall take effect 11

on the enforceability date. 12

(3) RETENTION OF CLAIMS.—Notwithstanding 13

the waiver and release of claims described in para-14

graph (1), the United States, acting as trustee for 15

the allottees of the Hualapai Tribe, shall retain any 16

right— 17

(A) subject to subparagraph 12.7 of the 18


ment, to assert claims for injuries to, and seek 20

enforcement of, the rights of the allottees, if 21

any, under the Hualapai Tribe water rights set-22

tlement agreement or this Act in any Federal or 23

State court of competent jurisdiction; 24


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(B) to assert claims for injuries to, and 1

seek enforcement of, the rights of the allottees 2

under any judgment or decree approving or in-3


settlement agreement; 5

(C) to object to any claims for water rights 6

or injury to water rights by or for— 7

(i) any Indian tribe other than the 8

Hualapai Tribe; or 9

(ii) the United States, acting on be-10

half of any Indian tribe other than the 11

Hualapai tribe; 12

(D) to assert past, present, or future 13

claims for injury to water rights against— 14

(i) any Indian tribe other than the 15


(ii) the United States, acting on be-17

half of any Indian tribe other than the 18

Hualapai tribe; and 19

(E) to assert claims for injuries to, and 20

seek enforcement of, the rights of the allottees 21

under the Bill Williams agreements or the Bill 22

Williams Act in any Federal or State court of 23

competent jurisdiction. 24


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(c) WAIVER AND RELEASE OF CLAIMS BY UNITED 1

STATES AGAINST HUALAPAI TRIBE.— 2


graph (3), the United States, in all capacities (ex-4

cept as trustee for an Indian tribe other than the 5

Hualapai Tribe), as part of the performance of the 6

obligations of the United States under the Hualapai 7

Tribe water rights settlement agreement and this 8

Act, is authorized to execute a waiver and release of 9

all claims against the Hualapai Tribe, the members 10

of the Hualapai Tribe, or any agency, official, or 11

employee of the Hualapai Tribe, under Federal, 12

State or any other law for all— 13

(A) past and present claims for injury to 14

water rights, including injury to rights to Colo-15

rado River water, resulting from the diversion 16

or use of water on Hualapai land arising from 17

time immemorial through the enforceability 18

date; 19

(B) claims for injury to water rights, in-20

cluding injury to rights to Colorado River 21

water, arising after the enforceability date, re-22

sulting from the diversion or use of water on 23

Hualapai land in a manner that is not in viola-24


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tion of the Hualapai Tribe water rights settle-1

ment agreement or State law; and 2

(C) past, present, and future claims aris-3

ing out of, or related in any manner to, the ne-4

gotiation, execution, or adoption of the 5


ment, any judgment or decree approving or in-7


settlement agreement, or this Act. 9

(2) EFFECTIVE DATE.—The waiver and release 10

of claims described in paragraph (1) shall take effect 11

on the enforceability date. 12

(3) RETENTION OF CLAIMS.—Notwithstanding 13

the waiver and release of claims described in para-14

graph (1), the United States shall retain any right 15

to assert any claim not expressly waived in accord-16

ance with paragraph (1), including any right to as-17

sert a claim for injury to, and seek enforcement of, 18

any right of the United States under the Bill Wil-19

liams agreements or the Bill Williams Act, in any 20

Federal or State court of competent jurisdiction. 21

(d) BILL WILLIAMS RIVER PHASE 2 WATER RIGHTS 22

SETTLEMENT AGREEMENT WAIVER, RELEASE, AND RE-23

TENTION OF CLAIMS.— 24

(1) CLAIMS AGAINST FREEPORT.— 25


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subparagraph (C), the United States, acting 2

solely on behalf of the Department of the Inte-3

rior (including the Bureau of Land Manage-4

ment and the United States Fish and Wildlife 5

Service), as part of the performance of the obli-6

gations of the United States under the Bill Wil-7

liams River phase 2 water rights settlement 8

agreement, is authorized to execute a waiver 9

and release of all claims of the United States 10

against Freeport under Federal, State, or any 11

other law for— 12

(i) any past or present claim for in-13

jury to water rights resulting from— 14

(I) the diversion or use of water 15

by Freeport pursuant to the water 16

rights described in Exhibit 4.1(ii) to 17

the Bill Williams River phase 2 water 18

rights settlement agreement; and 19

(II) any other diversion or use of 20

water for mining purposes authorized 21

by the Bill Williams River phase 2 22



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(ii) any claim for injury to water 1

rights arising after the enforceability date 2

described in section 12(d) resulting from— 3

(I) the diversion or use of water 4

by Freeport pursuant to the water 5

rights described in Exhibit 4.1(ii) to 6


rights settlement agreement in a man-8

ner not in violation of the Bill Wil-9

liams River phase 2 water rights set-10

tlement agreement; 11

(II) the diversion of up to 2,500 12

AFY of water by Freeport from Syca-13

more Creek as permitted by section 14

4.3(iv) of the Bill Williams River 15

phase 2 water rights settlement agree-16

ment; and 17

(III) any other diversion or use 18

of water by Freeport authorized by 19


rights settlement agreement, subject 21

to the condition that such a diversion 22

and use of water is conducted in a 23

manner not in violation of the Bill 24


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Williams River phase 2 water rights 1

settlement agreement; and 2

(iii) any past, present, or future claim 3


to, the negotiation or execution of the Bill 5

Williams River phase 2 water rights settle-6

ment agreement, the Hualapai Tribe water 7

rights settlement agreement, or this Act. 8


release of claims under subparagraph (A) shall 10

take effect on the enforceability date described 11

in section 12(d). 12

(C) RETENTION OF CLAIMS.—The United 13

States shall retain all rights not expressly 14

waived in the waiver and release of claims 15

under subparagraph (A), including, subject to 16

section 6.4 of the Bill Williams River phase 2 17

water rights settlement agreement, the right to 18

assert a claim for injury to, and seek enforce-19

ment of, the Bill Williams River phase 2 water 20

rights settlement agreement or this Act, in any 21

Federal or State court of competent jurisdiction 22

(but not a tribal court). 23

(2) NO PRECEDENTIAL EFFECT.— 24


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(A) PENDING AND FUTURE PRO-1

CEEDINGS.—The Bill Williams River phase 2 2

water rights settlement agreement shall have no 3

precedential effect in any other administrative 4

or judicial proceeding, including— 5

(i) any pending or future general 6

stream adjudication, or any other litigation 7

involving Freeport or the United States, 8

including any proceeding to establish or 9

quantify a Federal reserved water right; 10

(ii) any pending or future administra-11

tive or judicial proceeding relating to an 12

application— 13

(I) to appropriate water (for 14

instream flow or other purposes); 15

(II) to sever and transfer a water 16

right; 17

(III) to change a point of diver-18

sion; or 19

(IV) to change a place of use for 20

any water right; or 21

(iii) any proceeding regarding water 22

rights or a claim relating to any Federal 23

land. 24


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(B) NO METHODOLOGY OR STANDARD.— 1

Nothing in the Bill Williams phase 2 water 2

rights settlement agreement establishes any 3

standard or methodology to be used for the 4

quantification of any claim to water rights 5

(whether based on Federal or State law) in any 6

judicial or administrative proceeding, other than 7

a proceeding to enforce the terms of the Bill 8

Williams River phase 2 water rights settlement 9

agreement. 10

SEC. 8. SATISFACTION OF WATER RIGHTS AND OTHER BEN-11

EFITS. 12

(a) HUALAPAI TRIBE AND MEMBERS.— 13

(1) IN GENERAL.—The benefits realized by the 14

Hualapai Tribe and the members of the Hualapai 15

Tribe (but not members in the capacity of the mem-16

bers as allottees) under the Hualapai Tribe water 17

rights settlement agreement, this Act, the Bill Wil-18

liams agreements, and the Bill Williams Act shall be 19

in full satisfaction of all claims of the Hualapai 20

Tribe, the members of the Hualapai Tribe, and the 21

United States, acting in the capacity of the United 22

States as trustee for the Hualapai Tribe and the 23

members of the Hualapai Tribe, for water rights and 24


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•S 3300 IS

injury to water rights under Federal, State, or other 1

law with respect to Hualapai land. 2

(2) SATISFACTION.—Any entitlement to water 3

of the Hualapai Tribe and the members of the 4

Hualapai Tribe (but not members in the capacity of 5

the members as allottees) or the United States, act-6

ing in the capacity of the United States as trustee 7

for the Hualapai Tribe and the members of the 8

Hualapai Tribe, for Hualapai land shall be satisfied 9

out of the water resources and other benefits grant-10

ed, confirmed, quantified, or recognized by the 11


this Act, the Bill Williams agreements, and the Bill 13

Williams Act to or for the Hualapai Tribe, the mem-14

bers of the Hualapai Tribe, and the United States, 15

acting in the capacity of the United States as trust-16

ee for the Hualapai Tribe and the members of the 17

Hualapai Tribe. 18

(b) ALLOTTEE WATER CLAIMS.— 19

(1) IN GENERAL.—The benefits realized by the 20

allottees of the Hualapai Tribe under the Hualapai 21

Tribe water rights settlement agreement, this Act, 22

the Bill Williams agreements, and the Bill Williams 23

Act shall be in complete replacement of and substi-24

tution for, and full satisfaction of, all claims with re-25


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spect to allotments of the allottees and the United 1

States, acting in the capacity of the United States 2

as trustee for the allottees, for water rights and in-3

jury to water rights under Federal, State, or other 4

law. 5

(2) SATISFACTION.—Any entitlement to water 6

of the allottees or the United States, acting in the 7

capacity of the United States as trustee for the 8

allottees, for allotments shall be satisfied out of the 9

water resources and other benefits granted, con-10

firmed or recognized by the Hualapai Tribe water 11

rights settlement agreement, this Act, the Bill Wil-12

liams agreements, and the Bill Williams Act to or 13

for the allottees and the United States, acting as 14

trustee for the allottees. 15

(c) EFFECT.—Notwithstanding subsections (a) and 16

(b), nothing in this Act or the Hualapai Tribe water rights 17

settlement agreement— 18

(1) recognizes or establishes any right of a 19

member of the Hualapai Tribe or an allottee to 20

water on Hualapai land; or 21

(2) prohibits the Hualapai Tribe or an allottee 22

from acquiring additional water rights by purchase 23

of land, credits, or water rights. 24


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SEC. 9. LAND ADDED TO HUALAPAI RESERVATION. 1

In accordance with section 2 of the Act of May 25, 2

1918 (40 Stat. 570, chapter 86; 25 U.S.C. 211), the fol-3

lowing land in the State is added to the Hualapai Reserva-4

tion: 5

(1) The land held in trust by the United States 6

for the Hualapai Tribe by the first section of Public 7

Law 93–560 (88 Stat. 1820). 8

(2) The land deeded to the United States in the 9

capacity of the United States as trustee for the 10

Hualapai Tribe pursuant to the 1947 judgment. 11

SEC. 10. TRUST LAND. 12

(a) NEW TRUST LAND.—Beginning on the date of 13

enactment of this Act, the Secretary shall accept the con-14

veyance of, and hold in trust for the benefit of the 15

Hualapai Tribe, the following parcels of land owned in fee 16

as of that date of enactment by the Hualapai Tribe: 17

(1) CHOLLA CANYON RANCH PARCELS.—In T. 18

16 N., R. 13 W., Gila and Salt River Base and Me-19

ridian, Mohave County, Arizona— 20

(A) SW1⁄4 sec. 25; and 21

(B) NE1⁄4 and NE1⁄4SE1⁄4 sec. 35. 22

(2) VALENTINE CEMETERY.—W1⁄2NW1⁄4SW1⁄4 23

sec. 22, T. 23 N., R. 13 W., Gila and Salt River 24

Base and Meridian, Mohave County, Arizona. 25


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•S 3300 IS

(3) TRUXTON TRIANGLE.—That portion of the 1

S1⁄2 sec. 3, lying south of the south boundary of the 2

Hualapai Reservation and north of the north right- 3

of-way boundary of Arizona Highway 66, and 4

bounded by the west section line of that sec. 3 and 5

the south section line of that sec. 3, T. 24 N., R. 6

12 W., Gila and Salt River Base and Meridian, Mo-7

have County, Arizona. 8

(4) HUNT PARCEL 4.—SW1⁄4NE1⁄4 sec. 7, T. 9


ridian, Mohave County, Arizona. 11

(5) HUNT PARCEL 5.—SE1⁄4, E1⁄2SW1⁄4, and 12

SW1⁄4 SW1⁄4 sec. 1, T. 25 N., R. 14 W., Gila and 13

Salt River Base and Meridian, Mohave County, Ari-14

zona. 15

(6) HUNT PARCELS 1 AND 2.—In T. 26 N., R. 16

14 W., Gila and Salt River Base and Meridian, Mo-17

have County, Arizona— 18

(A) NE1⁄4SW1⁄4 sec. 9; and 19

(B) NW1⁄4SE 1⁄4 sec. 27. 20

(7) HUNT PARCEL 3.—SW1⁄4NE1⁄4 sec. 25, T. 21


ridian, Mohave County, Arizona. 23

(b) FUTURE TRUST LAND.— 24


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•S 3300 IS

(1) NEW STATUTORY REQUIREMENT.—Effective 1

beginning on the date of enactment of this Act, any 2

land located in the State outside the exterior bound-3

aries of the Hualapai Reservation may only be taken 4

into trust by the United States for the benefit of the 5

Hualapai Tribe by an Act of Congress— 6

(A) that specifically authorizes the transfer 7

of the land for the benefit of the Hualapai 8

Tribe; and 9

(B) the date of enactment of which is after 10

the date of enactment of this Act. 11

(2) WATER RIGHTS.—Any land taken into trust 12

for the benefit of the Hualapai Tribe under para-13

graph (1)— 14

(A) shall include water rights only under 15

State law; and 16

(B) shall not include any federally reserved 17

water rights. 18

SEC. 11. REALLOCATION OF CAP NIA PRIORITY WATER; 19

FIRMING; WATER DELIVERY CONTRACT; COL-20

ORADO RIVER ACCOUNTING. 21

(a) REALLOCATION TO THE HUALAPAI TRIBE.—On 22

the enforceability date, the Secretary shall reallocate to 23

the Hualapai Tribe the Hualapai Tribe CAP water. 24

(b) FIRMING.— 25


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•S 3300 IS

(1) HUALAPAI TRIBE CAP WATER.—Except as 1

provided in subsection (c)(2)(H), the Hualapai Tribe 2

CAP water shall be firmed as follows: 3

(A) In accordance with section 6(b)(1)(B) 4

of the Arizona Water Settlements Act (Public 5

Law 108–451; 118 Stat. 3492), for the 100- 6

year period beginning on January 1, 2008, the 7

Secretary shall firm 557.50 AFY of the 8

Hualapai Tribe CAP water to the equivalent of 9

CAP M&I priority water. 10

(B) In accordance with section 6(b)(2)(B) 11

of the Arizona Water Settlements Act (Public 12

Law 108–451; 118 Stat. 3492), for the 100- 13

year period beginning on January 1, 2008, the 14

State shall firm 557.50 AFY of the Hualapai 15

Tribe CAP water to the equivalent of CAP M&I 16

priority water. 17

(2) ADDITIONAL FIRMING.—The Hualapai 18

Tribe may, at the expense of the Hualapai Tribe, 19

take additional actions to firm or supplement the 20

Hualapai Tribe CAP water, including by entering 21

into agreements for that purpose with the Central 22

Arizona Water Conservation District, the Arizona 23

Water Banking Authority, or any other lawful au-24

thority, in accordance with State law. 25


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•S 3300 IS

(c) HUALAPAI TRIBE WATER DELIVERY CON-1

TRACT.— 2

(1) IN GENERAL.—In accordance with the 3


and the requirements described in paragraph (2), 5

the Secretary shall enter into the Hualapai Tribe 6

water delivery contract. 7

(2) REQUIREMENTS.—The requirements re-8

ferred to in paragraph (1) are the following: 9

(A) IN GENERAL.—The Hualapai Tribe 10

water delivery contract shall— 11

(i) be for permanent service (as that 12

term is used in section 5 of the Boulder 13

Canyon Project Act (43 U.S.C. 617d)); 14

(ii) take effect on the enforceability 15

date; and 16

(iii) be without limit as to term. 17

(B) HUALAPAI TRIBE CAP WATER.— 18

(i) IN GENERAL.—The Hualapai 19

Tribe CAP water may be delivered for use 20

in the lower basin in Arizona through— 21

(I) the Hualapai Water Project; 22

or 23

(II) the CAP system. 24


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(ii) METHOD OF DELIVERY.—The 1

Secretary shall authorize the delivery of 2

Hualapai Tribe CAP water under this 3

clause to be effected by the diversion and 4

use of water directly from the Colorado 5

River in Arizona. 6

(C) CONTRACTUAL DELIVERY.—The Sec-7

retary shall deliver the Hualapai Tribe CAP 8

water to the Hualapai Tribe in accordance with 9

the terms and conditions of the Hualapai Tribe 10

water delivery contract. 11

(D) DISTRIBUTION OF CAP NIA PRIORITY 12

WATER.— 13

(i) IN GENERAL.—Except as provided 14

in clause (ii), if, for any year, the available 15

CAP supply is insufficient to meet all de-16

mands under CAP contracts and CAP sub-17

contracts for the delivery of CAP NIA pri-18

ority water, the Secretary and the CAP op-19

erating agency shall prorate the available 20

CAP NIA priority water among the CAP 21

contractors and CAP subcontractors hold-22

ing contractual entitlements to CAP NIA 23

priority water on the basis of the quantity 24

of CAP NIA priority water used by each 25


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such CAP contractor and CAP subcon-1

tractor in the last year in which the avail-2

able CAP supply was sufficient to fill all 3

orders for CAP NIA priority water. 4

(ii) EXCEPTION.— 5

(I) IN GENERAL.—Notwith-6

standing clause (i), if the available 7

CAP supply is insufficient to meet all 8

demands under CAP contracts and 9

CAP subcontracts for the delivery of 10

CAP NIA priority water in the year 11

following the year in which the en-12

forceability date occurs, the Secretary 13

shall assume that the Hualapai Tribe 14

used the full volume of Hualapai 15

Tribe CAP water in the last year in 16

which the available CAP supply was 17

sufficient to fill all orders for CAP 18

NIA priority water. 19

(II) CONTINUATION.—The as-20

sumption described in subclause (I) 21

shall continue until the available CAP 22

supply is sufficient to meet all de-23

mands under CAP contracts and CAP 24


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subcontracts for the delivery of CAP 1

NIA priority water. 2

(III) DETERMINATION.—The 3

Secretary shall determine the quantity 4

of CAP NIA priority water used by 5

the Gila River Indian Community and 6

the Tohono O’odham Nation in the 7

last year in which the available CAP 8

supply was sufficient to fill all orders 9

for CAP NIA priority water in a man-10

ner consistent with the settlement 11

agreements with those tribes. 12

(E) LEASES AND EXCHANGES OF 13

HUALAPAI TRIBE CAP WATER.—On and after 14

the date on which the Hualapai Tribe water de-15

livery contract becomes effective, the Hualapai 16

Tribe may, with the approval of the Secretary, 17

enter into contracts or options to lease, or con-18

tracts or options to exchange, the Hualapai 19

Tribe CAP water within the lower basin in Ari-20

zona, providing for the temporary delivery to 21

other persons of any portion of Hualapai Tribe 22

CAP water. 23

(F) TERM OF LEASES AND EXCHANGES.— 24


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(i) LEASING.—Contracts to lease and 1

options to lease under subparagraph (E) 2

shall be for a term of not more than 100 3

years. 4

(ii) EXCHANGING.—Contracts to ex-5

change and options to exchange under sub-6

paragraph (E) shall be for the term pro-7

vided for in the contract or option, as ap-8

plicable. 9

(iii) RENEGOTIATION.—The Hualapai 10

Tribe may, with the approval of the Sec-11

retary, renegotiate any lease described in 12

subparagraph (E), at any time during the 13

term of the lease, if the term of the re-14

negotiated lease does not exceed 100 years. 15

(G) PROHIBITION ON PERMANENT ALIEN-16

ATION.—No Hualapai Tribe CAP water may be 17

permanently alienated. 18

(H) NO FIRMING OF LEASED WATER.— 19

The firming obligations described in subsection 20

(b)(1) shall not apply to any Hualapai Tribe 21

CAP water leased by the Hualapai Tribe to an-22

other person. 23


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(I) ENTITLEMENT TO LEASE AND EX-1

CHANGE FUNDS; OBLIGATIONS OF UNITED 2

STATES.— 3

(i) ENTITLEMENT.— 4

(I) IN GENERAL.—The Hualapai 5

Tribe shall be entitled to all consider-6

ation due to the Hualapai Tribe under 7

any contract to lease, option to lease, 8

contract to exchange, or option to ex-9

change the Hualapai Tribe CAP water 10

entered into by the Hualapai Tribe. 11

(II) EXCLUSION.—The United 12

States shall not, in any capacity, be 13

entitled to the consideration described 14

in subclause (I). 15

(ii) OBLIGATIONS OF UNITED 16

STATES.—The United States shall not, in 17

any capacity, have any trust or other obli-18

gation to monitor, administer, or account 19

for, in any manner, any funds received by 20

the Hualapai Tribe as consideration under 21

any contract to lease, option to lease, con-22

tract exchange, or option to exchange the 23

Hualapai Tribe CAP water entered into by 24

the Hualapai Tribe, except in a case in 25


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which the Hualapai Tribe deposits the pro-1

ceeds of any lease, option to lease, ex-2

change, or option to exchange into an ac-3

count held in trust for the Hualapai Tribe 4

by the United States. 5

(J) WATER USE AND STORAGE.— 6

(i) IN GENERAL.—The Hualapai 7

Tribe may use the Hualapai Tribe CAP 8

water on or off the Hualapai Reservation 9

within the lower basin in Arizona for any 10

purpose. 11

(ii) STORAGE.—The Hualapai Tribe, 12

in accordance with State law, may store 13

the Hualapai Tribe CAP water at one or 14

more underground storage facilities or 15

groundwater savings facilities, subject to 16

the condition that, if the Hualapai Tribe 17

stores Hualapai Tribe CAP water that has 18

been firmed pursuant to subsection (b)(1), 19

the stored water may only be— 20

(I) used by the Hualapai Tribe; 21

or 22

(II) exchanged by the Hualapai 23

Tribe for water that will be used by 24

the Hualapai Tribe. 25


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(iii) ASSIGNMENT.—The Hualapai 1

Tribe, in accordance with State law, may 2

assign any long-term storage credit ac-3

crued as a result of storage described in 4

clause (ii), subject to the condition that the 5

Hualapai Tribe shall not assign any long- 6

term storage credit accrued as a result of 7

the storage of Hualapai Tribe CAP water 8

that has been firmed pursuant to sub-9

section (b)(1). 10

(K) USE OUTSIDE STATE.—The Hualapai 11

Tribe may not use, lease, exchange, forbear, or 12

otherwise transfer any Hualapai Tribe CAP 13

water for use directly or indirectly outside of 14

the lower basin in Arizona. 15

(L) CAP FIXED OM&R CHARGES.— 16

(i) IN GENERAL.—The CAP operating 17

agency shall be paid the CAP fixed OM&R 18

charges associated with the delivery of all 19

the Hualapai Tribe CAP water. 20

(ii) PAYMENT OF CHARGES.—Except 21

as provided in subparagraph (O), all CAP 22

fixed OM&R charges associated with the 23

delivery of the Hualapai Tribe CAP water 24

to the Hualapai Tribe shall be paid by— 25


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(I) the Secretary, pursuant to 1

section 403(f)(2)(A) of the Colorado 2

River Basin Project Act (43 U.S.C. 3

1543(f)(2)(A)), subject to the condi-4

tion that funds for that payment are 5

available in the Lower Colorado River 6

Basin Development Fund; and 7

(II) if the funds described in sub-8

clause (I) become unavailable, the 9

Hualapai Tribe. 10

(M) CAP PUMPING ENERGY CHARGES.— 11

(i) IN GENERAL.—The CAP operating 12

agency shall be paid the CAP pumping en-13

ergy charges associated with the delivery of 14

all the Hualapai Tribe CAP water only in 15

cases in which the CAP system is used for 16

the delivery of that water. 17

(ii) PAYMENT OF CHARGES.—Except 18

for CAP Water not delivered through the 19

CAP System, which does not incur a CAP 20

pumping energy charge, or water delivered 21

to other persons as described in subpara-22

graph (O), any applicable CAP pumping 23

energy charges associated with the delivery 24


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of the Hualapai Tribe CAP water shall be 1

paid by the Hualapai Tribe. 2

(N) WAIVER OF PROPERTY TAX EQUIVA-3

LENCY PAYMENTS.—No property tax or in-lieu 4

property tax equivalency shall be due or payable 5

by the Hualapai Tribe for the delivery of CAP 6

water or for the storage of CAP water in an un-7

derground storage facility or groundwater sav-8

ings facility. 9

(O) LESSEE RESPONSIBILITY FOR 10

CHARGES.— 11

(i) IN GENERAL.—Any lease or option 12

to lease providing for the temporary deliv-13

ery to other persons of any Hualapai Tribe 14

CAP water shall require the lessee to pay 15

the CAP operating agency all CAP fixed 16

OM&R charges and all CAP pumping en-17

ergy charges associated with the delivery of 18

the leased water. 19

(ii) NO RESPONSIBILITY FOR PAY-20

MENT.—Neither the Hualapai Tribe nor 21

the United States in any capacity shall be 22

responsible for the payment of any charges 23

associated with the delivery of the 24


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Hualapai Tribe CAP water leased to other 1

persons. 2

(P) ADVANCE PAYMENT.—No Hualapai 3

Tribe CAP water shall be delivered unless the 4

CAP fixed OM&R charges and any applicable 5

CAP pumping energy charges associated with 6

the delivery of that water have been paid in ad-7

vance. 8

(Q) CALCULATION.—The charges for deliv-9

ery of the Hualapai Tribe CAP water pursuant 10

to the Hualapai Tribe water delivery contract 11

shall be calculated in accordance with the CAP 12

repayment stipulation. 13

(R) CAP REPAYMENT.—For purposes of 14

determining the allocation and repayment of 15

costs of any stages of the CAP system con-16

structed after November 21, 2007, the costs as-17

sociated with the delivery of the Hualapai Tribe 18

CAP water, regardless of whether the Hualapai 19

Tribe CAP water is delivered for use by the 20

Hualapai Tribe or in accordance with any lease, 21

option to lease, exchange, or option to exchange 22

providing for the delivery to other persons of 23

the Hualapai Tribe CAP water, shall be— 24

(i) nonreimbursable; and 25


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(ii) excluded from the repayment obli-1

gation of the Central Arizona Water Con-2

servation District. 3

(S) NONREIMBURSABLE CAP CONSTRUC-4

TION COSTS.— 5

(i) IN GENERAL.—With respect to the 6

costs associated with the construction of 7

the CAP system allocable to the Hualapai 8

Tribe— 9

(I) the costs shall be nonreim-10

bursable; and 11

(II) the Hualapai Tribe shall 12

have no repayment obligation for the 13

costs. 14

(ii) CAPITAL CHARGES.—No CAP 15

water service capital charges shall be due 16

or payable for the Hualapai Tribe CAP 17

water, regardless of whether the water— 18

(I) is delivered for use by the 19


(II) is delivered under any lease, 21

option to lease, exchange, or option to 22

exchange the Hualapai Tribe CAP 23

water entered into by the Hualapai 24

Tribe. 25


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(d) COLORADO RIVER ACCOUNTING.—All Hualapai 1

Tribe CAP water diverted directly from the Colorado 2

River shall be accounted for as deliveries of CAP water 3

within the State. 4

SEC. 12. ENFORCEABILITY DATE. 5

(a) IN GENERAL.—Except as provided in subsection 6

(d), the Hualapai Tribe water rights settlement agree-7

ment, including the waivers and releases of claims de-8

scribed in section 7, shall take effect and be fully enforce-9

able, and construction of the Hualapai Water Project may 10

begin, on the date on which the Secretary publishes in the 11

Federal Register a statement of findings that— 12

(1) to the extent that the Hualapai Tribe water 13

rights settlement agreement conflicts with this Act— 14

(A) the Hualapai Tribe water rights settle-15

ment agreement has been revised through an 16

amendment to eliminate the conflict; and 17

(B) the revised Hualapai Tribe water 18

rights settlement agreement, including any ex-19

hibit to that agreement requiring execution by 20

any party to the agreement, has been executed 21

by the required party; 22

(2) the waivers and releases of claims described 23

in section 7 have been executed by the Hualapai 24

Tribe and the United States; 25


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(3) the abstracts referenced in subparagraphs 1

4.8.1.2, 4.8.2.1, and 4.8.2.2 of the Hualapai Tribe 2

water rights settlement agreement have been com-3

pleted by the Hualapai Tribe; 4

(4) the full amount described in section 5

6(b)(6)(A), as adjusted by section 6(b)(6)(B), has 6

been deposited in the Hualapai Water Project Ac-7

count; 8

(5) the full amount described in section 9

6(c)(4)(A), as adjusted by section 6(c)(4)(B), has 10

been deposited in the Hualapai OM&R Trust Ac-11

count; 12

(6) the full amounts described in paragraphs 13

(5)(B)(i) and (7)(B)(i) of section 6(a) have been ap-14

propriated; 15

(7) the Gila River adjudication decree has been 16

approved by the Gila River adjudication court sub-17

stantially in the form of the judgment and decree at-18

tached to the Hualapai Tribe water rights settlement 19

agreement as exhibit 3.1.43; 20

(8) the Secretary has executed the Hualapai 21

Tribe water delivery contract described in section 22

11(c); and 23

(9) the Secretary has issued a final Record of 24

Decision approving the construction of the Hualapai 25


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Water Project in a configuration substantially as de-1

scribed in section 6. 2

(b) REPEAL ON FAILURE TO MEET ENFORCE-3

ABILITY DATE.— 4


graph (2), if the Secretary fails to publish in the 6

Federal Register a statement of findings under sub-7

section (a) by October 15, 2027— 8

(A) this Act is repealed; and 9

(B)(i) any action taken by the Secretary 10

and any contract or agreement entered into 11

pursuant to this Act shall be void; and 12

(ii) any amounts appropriated under sec-13

tion 6, together with any investment earnings 14

on those amounts, less any amounts expended 15

under section 6(a)(9)(B), shall revert imme-16

diately to the general fund of the Treasury. 17

(2) SEVERABILITY.—Notwithstanding para-18

graph (1), if the Secretary fails to publish in the 19

Federal Register a statement of findings under sub-20

section (a) by October 15, 2027, sections 9 and 21

10(a) shall remain in effect. 22

(c) RIGHT TO OFFSET.—If the Secretary has not 23

published in the Federal Register the statement of find-24

ings under subsection (a) by October 15, 2027, the United 25


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States shall be entitled to offset any Federal amounts 1

made available under section 6(a)(9) that were used or 2

authorized for any use under that subsection against any 3

claim asserted by the Hualapai Tribe against the United 4

States described in section 7(a)(2)(A). 5

(d) ENFORCEABILITY DATE FOR BILL WILLIAMS 6

RIVER PHASE 2 WATER RIGHTS SETTLEMENT AGREE-7

MENT.—Notwithstanding subsection (a), the Bill Williams 8

River phase 2 water rights settlement agreement (includ-9

ing the waivers and releases described in section 7(d) of 10

this Act or section 5 of the Bill Williams River phase 2 11

water rights settlement agreement) shall take effect and 12

become enforceable among the parties to the Bill Williams 13

River phase 2 water rights settlement agreement on the 14

date on which all of the following conditions have oc-15

curred: 16

(1) The Hualapai Tribe water rights settlement 17

agreement becomes enforceable pursuant to sub-18

section (a). 19

(2) Freeport has submitted to the Arizona De-20

partment of Water Resources a conditional with-21

drawal of any objection to the Bill Williams River 22

watershed instream flow applications pursuant to 23

section 4.4(i) of the Bill Williams River phase 2 24

water rights settlement agreement, which withdrawal 25


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shall take effect on the enforceability date described 1

in this subsection. 2

(3) Not later than the enforceability date de-3

scribed in subsection (a), the Arizona Department of 4

Water Resources has issued an appealable, condi-5

tional decision and order for the Bill Williams River 6

watershed instream flow applications pursuant to 7

section 4.4(iii) of the Bill Williams River phase 2 8

water rights settlement agreement, which order shall 9

become nonconditional and effective on the enforce-10

ability date described in this subsection. 11

(4) The conditional decision and order de-12

scribed in paragraph (3)— 13

(A) becomes final; and 14

(B) is not subject to any further appeal. 15

SEC. 13. ADMINISTRATION. 16

(a) LIMITED WAIVER OF SOVEREIGN IMMUNITY.— 17

(1) WAIVER.— 18

(A) IN GENERAL.—In any circumstance 19

described in paragraph (2)— 20

(i) the United States or the Hualapai 21

Tribe may be joined in the action described 22

in the applicable subparagraph of that 23

paragraph; and 24


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(ii) subject to subparagraph (B), any 1

claim by the United States or the Hualapai 2

Tribe to sovereign immunity from the ac-3

tion is waived. 4

(B) LIMITATION.—A waiver under sub-5

paragraph (A)(ii)— 6

(i) shall only be for the limited and 7

sole purpose of the interpretation or en-8

forcement of— 9

(I) this Act; 10

(II) the Hualapai Tribe water 11

rights settlement agreement; or 12

(III) in accordance with para-13

graph (2)(D)— 14

(aa) the Bill Williams Act; 15

or 16

(bb) the Bill Williams agree-17

ments; and 18

(ii) shall not include any award 19

against the Hualapai Tribe for money 20

damages, court costs, or attorneys fees. 21

(2) CIRCUMSTANCES DESCRIBED.—A cir-22

cumstance referred to in paragraph (1)(A) is any of 23

the following: 24


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(A) Any party to the Hualapai Tribe water 1

rights settlement agreement— 2

(i) brings an action in any Federal or 3

State court relating only and directly to 4

the interpretation or enforcement of— 5

(I) this Act; or 6

(II) the Hualapai Tribe water 7

rights settlement agreement; and 8

(ii) names the United States or the 9

Hualapai Tribe as a party in that action. 10

(B) Any landowner or water user in the 11

Verde River Watershed or the Colorado River 12

basin within the State of Arizona— 13




(I) paragraph 10.0 of the 17

Hualapai Tribe water rights settle-18

ment agreement; or 19

(II) section 7; and 20



(C) The State of California or the State of 23

Nevada— 24


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the interpretation or enforcement of a pro-3

vision relating to the Colorado River 4

under— 5

(I) paragraph 10.0 of the 6

Hualapai Tribe water rights settle-7

ment agreement; or 8

(II) section 7; and 9



(D) Any party to the Bill Williams agree-12

ments— 13




(I) the Bill Williams Act; or 17

(II) the Bill Williams agree-18

ments; and 19



(b) ANTIDEFICIENCY.—Notwithstanding any author-22

ization of appropriations to carry out this Act, the United 23

States shall not be liable for any failure of the United 24

States to carry out any obligation or activity authorized 25


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by this Act (including all titles and all agreements or ex-1

hibits ratified or confirmed by this Act) if— 2

(1) adequate appropriations are not provided 3

expressly by Congress to carry out the purposes of 4

this Act; or 5

(2) there are not enough monies available to 6

carry out this Act in the Lower Colorado River 7

Basin Development Fund established by section 8

403(a) of the Colorado River Basin Project Act (43 9

U.S.C. 1543(a)). 10

(c) APPLICATION OF RECLAMATION REFORM ACT OF 11

1982.—The Reclamation Reform Act of 1982 (43 U.S.C. 12

390aa et seq.) and any other acreage limitation or full- 13

cost pricing provision of Federal law shall not apply to 14

any person, entity, or tract of land solely on the basis of— 15

(1) receipt of any benefit under this Act; 16

(2) execution or performance of this Act; or 17

(3) the use, storage, delivery, lease, or exchange 18

of CAP water. 19

(d) EFFECT.— 20

(1) DEFINITION OF COLORADO RIVER 21

WATER.—The definition of ‘‘Colorado River water’’ 22

contained in section 3, or in any provision of 23

Hualapai Tribe water rights settlement agreement— 24


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(A) shall only be used for purposes of in-1

terpreting this Act or the Hualapai Tribe water 2

rights settlement agreement, as applicable; and 3

(B) shall not be used for any interpreta-4

tion of any other applicable provision of Federal 5

law, including— 6

(i) the Colorado River Compact; 7

(ii) section 5 of the Boulder Canyon 8

Project Act (43 U.S.C. 617d); 9

(iii) the Colorado River Basin Project 10

Act (Public Law 90–537; 82 Stat. 885); 11

and 12

(iv) any contract or agreement en-13

tered into pursuant a law described in 14

clause (i), (ii), or (iii). 15

(2) NO MODIFICATION OR PREEMPTION OF 16

OTHER LAW.—Unless expressly provided in this Act, 17

nothing in this Act modifies, conflicts with, pre-18

empts, or otherwise affects— 19

(A) the Boulder Canyon Project Act (43 20

U.S.C. 617 et seq.); 21

(B) the Boulder Canyon Project Adjust-22

ment Act (43 U.S.C. 618 et seq.); 23


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(C) the Act of April 11, 1956 (commonly 1

known as the ‘‘Colorado River Storage Project 2

Act’’ (43 U.S.C. 620 et seq.)); 3

(D) the Colorado River Basin Project Act 4

(Public Law 90–537; 82 Stat. 885); 5

(E) the Treaty between the United States 6

of America and Mexico respecting utilization of 7

waters of the Colorado and Tijuana Rivers and 8

of the Rio Grande, signed at Washington Feb-9

ruary 3, 1944 (59 Stat. 1219); 10

(F) the Colorado River Compact; 11

(G) the Upper Colorado River Basin Com-12

pact; 13

(H) the Omnibus Public Land Manage-14

ment Act of 2009 (Public Law 111–11; 123 15

Stat. 991); or 16

(I) case law concerning water rights in the 17

Colorado River system other than any case to 18

enforce the Hualapai Tribe water rights settle-19

ment agreement or this Act. 20

(3) EFFECT ON AGREEMENTS.—Nothing in this 21

Act or the Hualapai Tribe water rights settlement 22

agreement limits the right of the Hualapai Tribe to 23

enter into any agreement for the storage or banking 24

of water in accordance with State law with— 25


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(A) the Arizona Water Banking Authority 1

(or a successor agency or entity); or 2

(B) any other lawful authority . 3

(4) EFFECT OF ACT.—Nothing in this Act— 4

(A) quantifies or otherwise affects the 5

water rights, claims, or entitlements to water of 6

any Indian tribe, nation, band, or community, 7

other than the Hualapai Tribe; 8

(B) affects the ability of the United States 9

to take action on behalf of any Indian tribe, na-10

tion, band, or community, other than the 11

Hualapai Tribe, the members of the Hualapai 12

Tribe, and the allottees; or 13

(C) limits the right of the Hualapai Tribe 14

to use any water of the Hualapai Tribe in any 15

location on the Hualapai Reservation. 16

Æ


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